Here are materials in Dillon v. BMO Harris Bank NA (M.D. N.C.):
Using the Heldt analysis, however, Plaintiffs’ logic can be used to assert a colorable claim of tribal jurisdiction, because some of Defendants’ actions involved alleged tribal entities and/or tribal members.”). Operating against that backdrop, these courts mandated tribal exhaustion where the record did not establish (i) the nature of the payday lenders’ relationship to each other and/or the tribe; (ii) the unavailability of the specified tribal arbitral forum; and (iii) for purposes of the Western Sky agreement, (A) who constitutes an “authorized representative of the Cheyenne River Sioux Tribal Nation” and (B) whether any such authorized representative “is a JAMS or AAA arbitrator,” Heldt, 12 F. Supp. 3d at 1193 (internal quotation marks omitted).See id. at 1184-87, 1190-93; see also Brown, 84 F. Supp. 3d at 480-81 (following Heldt).
As discussed below, Dillon bases his Requests and Motions to Compel in significant part on a need to develop a factual record sufficient to overcome the concerns in the Heldt line of cases. (See, e.g., Docket Entry 162 at 1-2; Docket Entry 162-2 at 4-6.).
We posted on this Rule 19 portion of this case here.